RESTRICTIONS ON USE OF MATERIALS.
This site is owned and operated by K.M.S. Merchandise (referred to as "K.M.S.," "we," "us," or "our" herein). No material from "kmsmerch.com" or any Web site owned, operated, licensed or controlled by K.M.S. may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of K.M.S.'S copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited.
SUBMISSIONS.
K.M.S. is pleased to hear from its WEB viewers and welcomes your comments regarding K.M.S. products, including K.M.S.’S online services. Unfortunately, however, K.M.S.’S long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of K.M.S.. None of the Information shall be subject to any obligation of confidence on the part of K.M.S., and K.M.S. shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, K.M.S. shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
JURISDICTIONAL ISSUES.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting Merchandise, and other products of K.M.S. Merchandise available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by K.M.S. from its offices within the State of Pennsylvania, United States of America. K.M.S. makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
DISCLAIMER.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, K.M.S. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. K.M.S. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. K.M.S. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT K.M.S.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
Under no circumstances, including, but not limited to, negligence, shall K.M.S. be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if K.M.S. or a K.M.S. authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall K.M.S.’S total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
OTHER.
This agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.